Credit calls for shipment from any Japanese Port to Kota Kinabalu,Malaysia.
BL presented indicated Port of Loading to be Nagoya,Japan. Certificate of Origin was issued by The Osaka Foreign Trade Association. Not knowing how far Osaka & Nagoya is from each other
could this Cert of Origin be accepted?
[edited 6/26/01 12:41:27 PM]
Certificate of Origin
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michaeltan
- Posts: 10
- Joined: Fri Apr 05, 2019 5:22 pm
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PGauntlett
- Posts: 153
- Joined: Fri Apr 05, 2019 5:25 pm
Certificate of Origin
I think that your question needs expanding. Was the C/O meant to be issued at loadport?
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michaeltan
- Posts: 10
- Joined: Fri Apr 05, 2019 5:22 pm
Certificate of Origin
The credit merely asked for a certificate of origin. No further details were stipulated.
The first shipment actually took place from Osaka so it looks alright. But the second shipment
was from Nagoya,Japan which left me wondering as to whether the cert of origin issued fr Osaka is OK?
The first shipment actually took place from Osaka so it looks alright. But the second shipment
was from Nagoya,Japan which left me wondering as to whether the cert of origin issued fr Osaka is OK?
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PGauntlett
- Posts: 153
- Joined: Fri Apr 05, 2019 5:25 pm
Certificate of Origin
Art 21 applies-accept as tendered.
Certificate of Origin
TRANSFERABLE OR BACK-TO-BACK LC
If the LC has been transferred, or a baby LC has been issued against the master LC, then this is a normal situation since the actual supplier or manufacturer may be the second beneficiary in Osaka and the first beneficiary may be in Nagoya. Osaka and Nagoya are both in the south western part of Honshu "State/Island" and air, surface or maritime transports can be arranged between these two places/ports.
NAGOYA IS NEAR KOBE
Kobe is not far from Nagoya, being about 120 nautical miles away, according to the "Lloyd's Maritime Atlas of World Ports and Shipping Places" in our private consultancy library. In this publication, Tokyo is 365 nautical miles from Kobe. Nagoya is positioned about one third of this distance between Kobe and Tokyo and Nagoya is near Kobe. Therefore we estimate that Kobe is about 120 nautical miles from Nagoya.
NO TRANSFERABLE OR BACK-TO-BACK LC
If no transferable or back-to-back LC is involved, purely from UCP 500 perspective, according to Article 21, this cannot be deemed as a discrepancy unless the LC requires the Certificate of Origin to be issued in Nagoya.
PREVENTION OF FRAUDS PERSPECTIVE
However, from the frauds prevention perspective, it is understandable that the document examiner would try to find out within reasonable time the facts to avoid frauds. Although this is not a UCP 500 duty, with so many frauds in LC operations nowadays, it is not strange for a bank to do some precautionary measures to avoid losses due to frauds.
It all depends on what hat one is wearing and the UCP 500 does not deal with trade frauds which remain a legal issue.
We are from www.tolee.com
[edited 4/18/02 6:32:09 PM]
If the LC has been transferred, or a baby LC has been issued against the master LC, then this is a normal situation since the actual supplier or manufacturer may be the second beneficiary in Osaka and the first beneficiary may be in Nagoya. Osaka and Nagoya are both in the south western part of Honshu "State/Island" and air, surface or maritime transports can be arranged between these two places/ports.
NAGOYA IS NEAR KOBE
Kobe is not far from Nagoya, being about 120 nautical miles away, according to the "Lloyd's Maritime Atlas of World Ports and Shipping Places" in our private consultancy library. In this publication, Tokyo is 365 nautical miles from Kobe. Nagoya is positioned about one third of this distance between Kobe and Tokyo and Nagoya is near Kobe. Therefore we estimate that Kobe is about 120 nautical miles from Nagoya.
NO TRANSFERABLE OR BACK-TO-BACK LC
If no transferable or back-to-back LC is involved, purely from UCP 500 perspective, according to Article 21, this cannot be deemed as a discrepancy unless the LC requires the Certificate of Origin to be issued in Nagoya.
PREVENTION OF FRAUDS PERSPECTIVE
However, from the frauds prevention perspective, it is understandable that the document examiner would try to find out within reasonable time the facts to avoid frauds. Although this is not a UCP 500 duty, with so many frauds in LC operations nowadays, it is not strange for a bank to do some precautionary measures to avoid losses due to frauds.
It all depends on what hat one is wearing and the UCP 500 does not deal with trade frauds which remain a legal issue.
We are from www.tolee.com
[edited 4/18/02 6:32:09 PM]
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larryBacon
- Posts: 689
- Joined: Fri Apr 05, 2019 5:26 pm
Certificate of Origin
Unless specifically called for in the L/C, the location of the party issuing the C/O is irrelevant. For example, I have been involved in European Chambers of Commerce endorsing Certs of origin stating goods to be of Japanese origin. This would meet the requirements of the question raised here. The key is the origin of the goods; not the origin of the issuer, unless called for in the L/C.